대여금
1. The defendant shall pay 195,00,000 won to the plaintiff and 30% per annum from January 21, 201 to the day of complete payment.
1. The plaintiff asserts that on July 21, 2010, the plaintiff loaned 200,000,000 won to the defendant as interest rate of 3% on July 21, 2010, the defendant lent 195,000,000 won (one million won out of 3% interest rate of 6,00,000,000 won (the interest rate of the loan that the plaintiff received in order to raise the loan was not calculated as interest rate) after deducting 1,00,000 won from the interest rate of the loan that the plaintiff received in order to raise the loan.).
As to this, the defendant asserts that the plaintiff remitted the above money to make an investment in C's pentent business, and that the defendant's account was used only for the delivery of investment money.
2. Determination
(a)The following facts may be acknowledged either by the parties or by the purport of Gap evidence (including the paper number), Eul evidence (including the paper number), Eul evidence 1, 5 and 10, and Eul evidence 8, and by the purport of the whole pleadings:
1) The Plaintiff, like the Defendant with usual friendship, visited the site of the pentry project in which C is related, to lend KRW 200,000,000 to the Defendant’s account on July 21, 2010 on the condition that “the deduction of KRW 3% per month, the period of use of the interest for five months (til the completion of the construction), the prior interest for five thousands,000,000,” and to lend KRW 195,00,000 to the Defendant’s account (hereinafter “instant loan”).
2) The Defendant was issued a written confirmation of payment (No. 1; hereinafter the same shall apply) with the same content as attached Form 1. as the date of the preparation of the date of remittance from D or E, who is a person related to the Gosung Corporation Project.
3. The defendant received the above KRW 195,00,000, and then remitted 195,360,000 in total from the same account from July 21, 2010 to July 23, 2010 to 18 times. The details thereof shall be as shown in attached Form.
2. Details of account transfer;
Of the above account transfer details, KRW 7,00,00,00, expressed as “the person deposited on July 21, 2010” F, appears to have indicated “the said payment confirmation 5.0,000,000”
On the other hand, the defendant's issuance of FF, which was held by the defendant, on November 20, 2010.